GERMANY Trends and Developments Contributed by: Christina Malz and Sebastian Gröss, SZA Schilling, Zutt & Anschütz
bers but, according to the FCO, the authority has received numerous tips through this system. Enhanced Detection and Technology Use The FCO has increasingly relied on advanced technologies to detect and investigate cartel activities. The use of software-supported mar - ket screening and artificial intelligence (AI) has enhanced the authority’s ability to identify suspi - cious patterns and gather evidence. The creation of the “Digital Services” department in August 2024 aims to further bolster these capabilities. In May 2025, the FCO issued its settlement decision against Sennheiser, for vertical price- fixing. The Austrian competition authority initi - ated the investigation and the German Federal Cartel Office assisted its Austrian counterpart by conducting a dawn raid at the company’s prem - ises and then opened its own case. Sennheiser was ultimately fined approximately EUR5 mil - lion by the German FCO and approximately EUR500,000 by the Austrian competition author - ity. Due to its exceptional co-operation, the com - pany benefitted from a significant discount on the fines and was able to settle the cases. Pfanner Schutzbekleidung GmbH Key Cases Sennheiser In March 2024, the FCO imposed a fine of EUR783,900 on Pfanner Schutzbekleidung GmbH for vertical price-fixing. The company was found to have restricted the pricing auton - omy of its retail partners, ensuring that resale prices aligned closely with its recommended retail prices. This case highlights the authority’s vigilance in monitoring and penalising vertical agreements that distort competition. The FCO’s president does not tire of repeating that his authority intends to vigorously prosecute such practices, which have been prohibited since
the early 1970s. In essence, manufacturers are allowed to issue non-binding price recommen - dations, but it has to be possible for resellers to determine their prices independently and with - out restriction by manufacturers’ recommenda - tions. Remarkably, the FCO investigated the Pfanner case using new powers granted by the 10th amendment to the German Competition Act in 2021 (Section 82b ARC). The new tool allows the authority to issue an official request for informa - tion in administrative offence proceedings. The authority can thereby request information and evidence from companies (and, under certain conditions, also from members of staff), which the companies or persons concerned are obliged to provide truthfully. This can spare the authori - ties from the burden of carrying out a dawn raid. However, the new tool carries the risk of con - flicting with the principle of nemo tenetur – ie, that companies and individuals are not obliged to admit the existence of an infringement. Com - plaints and lawsuits on the limits of the FCO’s new tool are therefore expected. Broadband devices The FCO fined AVM Computersysteme Vertriebs GmbH almost EUR16 million for vertical price fixing with six electronics retailers. AVM, known for its “FRITZ!” brand products, set both its pur - chase and consumer prices with its retailers. The authority’s investigation revealed that AVM mon - itored consumer prices and took action when prices fell below target levels, thereby keeping
prices artificially high. Construction services
In November 2024, Strabag AG was fined approximately EUR2.8 million for bid rigging in connection with a tender for the renovation of the Zoobrücke bridge in Cologne. Strabag
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